Card Range To Study

18 Cards in this Set

Does the state have concurrent jurisdiction over actions arising under federal laws?

Yes

What is the purpose of diversity jurisdictions?

The purpose is to protect out of state litigants from prejudice.

What is complete diversity?

That is when the litigants can't be co-citizens.

Is complete diversity necessary when there is a federal question?

Yes

What is the exception to the rule on coplete diversity?

Interpleader

What is interpleader?

Is when the stake holder knows thatfunds must be distributed to others, but don't know whom)

When is diversity determined?

At the time the action is filed.

How is diversity of natrual persons determined?

1) U.S. citizen
2) Dimiciary of the state of Ohio( has the intention of making Ohio his home)

How do you determine the citizenship of a corporation?

1) Place of Corporation (place of incorporation)
2) Principal place of business ( Bulk of place business, where did most of its acts-- headquarters, nerve center, where offices are located) NOTE: Both citizens of plaintiff Corp. must be different from both citizens of derfendant Corp.

How is citizenship for unincorporated corporations or partenerships determined?

The citizenship of each member controls.

How is citizenship for a class action suit determined?

Measure the citizenship of the namesd representative.Only he needs to have diversity of cititzenship from the defendant.

How is diversity created or destroyed?

Geography
docket delays
jury composition issues. (Those from fed. cts. may not look the same as those from state courts).

Does ?

No.The assignment of a claim does not work to create diversity.

What is the amount in controversy requirement in a diversity case?

$75,000 in a diversity case the exception is interpleader cases which is $500.00

How is the amount in controversy determined?

The amount claims in good faith.Must appear to a legal certainty that plaintiff cannot recover the jurisdictional amount.

Is the aggregation of claims permissible?

Yes.(adding up to get the amount)Rule: Aggrgation is premissible if one plaintiff is suing one defendant. This does not work if there are multiple parties.

What is the exception to the aggregation of claims rule?

If several parties (as plaintiffs or defendants)have common undivided rights or interests in a single title or right is involved. (eg. partnerships)

What is necessary in Class action aggrgation?

Each member of the class must have a $75,000 claim. For diversity purposes, we look only to the representative of the class.